Request,Application: ANTHONY CHIAPELONE VS. STEVEN CHIAPELONE ET AL

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                                NIA 94607

N REYNOLDS LLP

FAX 415-

LAW OFFICES

PETERSON MARTI

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P. Kurt Peterson (SBN 067123) ELECTRONICALLY

Joseph F. Charles (SBN 228456) FILED
PETERSON MARTIN & REYNOLDS LLP : PE
299 Third Street, Suite 200 Sree ae eatcnee
Oakland, CA 94607 Eee
Telephone: (415) 399-2900 05/30/2018
Facsimile: (415) 399-2930 Clerk of the Court
BY: EDNALEEN ALEGRE
Attorneys for Plaintiff Deputy Clerk
ANTHONY CHIAPELONE

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

ANTHONY CHIAPELONE, CASE NO. CGC-17-562017
Plaintiff,
REQUEST FOR JUDICIAL NOTICE IN
VS. SUPPORT OF PLAINTIFF ANTHONY
CHIAPELONE’S APPLICATION FOR
STEVEN CHIAPELONE, and DOES | INTERLOCUTORY JUDGMENT FOR
through 50, inclusive, PARTITION
[CCP 872.720(a)]
Defendants

Date: June 12, 2018
Time: 9:30 a.m.
Dept: 501

REQUEST FOR JUDICIAL NOTICE

PLAINTIFF ANTHONY CHIAPELONE requests that, pursuant to Rule 3.1306(c) (1) of
the California Rules of Court and California Evidence Code section 450 et seq. and, in particular,
section 452, judicial notice be taken of the Court documents described below, copies of which are
attached hereto for the Court’s reference, in support of Plaintiff's Application for Interlocutory
Judgment.

Evidence Code section 451 provides, in relevant part:

Judicial notice shall be taken of the following:
(f) Facts and propositions of generalized knowledge that are so universally known
that they cannot reasonably be the subject of dispute.

Evidence Code section 452 provides, in relevant part:

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RJN ISO APPLICATION FOR INTERLOCUTORY JUDGMENT FOR PARTITIONLAW OFFICES

ORNIA 94007

LAND. CAl

REYNOLDS tte
) FAX 415-399-2920

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299 THIRD STREET, SUIT

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Judicial notice may be taken of the following matters to the extent that they are not
embraced within Section 451:

(c) Official acts of the legislative, executive, and judicial departments of the
United States and of any state of the United States.

(d) Records of (1) any court of this state or (2) any court of record of the United
States or of any state of the United States.

(g) Facts and propositions that are of such common knowledge within the
territorial jurisdiction of the court that they cannot reasonably be the subject of dispute.

(hn) Facts and propositions that are not reasonably subject to dispute and are
capable of immediate and accurate determination by resort to sources of reasonably
indisputable accuracy,

Exhibits Description
EXHIBIT 1 Complaint for Partition by Sale of Real Properties and Waste and

Summons, filed with and issued by the Court on October 19, 2017.

EXHIBIT 2 Proof of Service of Sammons of Complaint on Defendant Steven
Chiapelone filed with the Court on November 6, 2017.

EXHIBIT 3 Request for Entry of Default as against Defendant Steven
Chiapelone filed with the Court on December 6, 2017.

EXHIBIT 4 Deed recorded as Document Number E223502 in Reel E660 Image
658 on August 17, 1988.

EXHIBIT 5 Affidavit - Death of Joint Tenant recorded as Document Number
J275302 in Reel K488 Image 0496 on September 23, 2011.

EXHIBIT 6 Grant Deed recorded as Document Number J308250 in Reel K531
Image 0409 on September 29, 2011.

EXHIBIT 7 Affidavit of Death of Trustor/Trustee recorded as Document

Number 2017-K394082 on January 11, 2017.
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RJN ISO APPLICATION FOR INTERLOCUTORY JUDGMENT FOR PARTITION8
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EXHIBIT 8 Trust Transfer Deed recorded as Document Number 2017-K394083
on January 11,2017.

Due to the e-filing requirements, copies of the above certified and/or file-endorsed
stamped documents have been filed. Plaintiff will bring the origina! certified copies with him to

court on June 12, 2018.

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Based upon foregoing, Plaintiffs respectfully requests that the Court take judicial notice of
8 | the above-referenced documents.

9 | Dated: May 30, 2018 PETERSON MARTIN & REYNOLDS LLP

It By

Joseph ae ar :
12 Attorneys for Plaintiff
ANTHONY CHIAPELONE

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RJN ISO APPLICATION FOR INTERLOCUTORY JUDGMENT FOR PARTITIONEXHIBIT “1”

EXHIBIT “1”LAW OFFICES

PETERSON MARTIN REYNOLDS ur
299 THIRD STREET. SUITE 200. OAKLAND, CALIFORNIA 94607

41$-399-2909 FAN a15-391

A a

P. Kurt Peterson (SBN 067123)

M. Henry Walker (SBN 184073)
PETERSON MARTIN & REYNOLDS LLP
299 Third Street, Suite 200 ee 7
Oakland, CA 94607 2017
Telephone: (415) 399-2900 OCT 1920
Facsimile: (415) 399-2930

F THE COU
Attorneys for Plaintiff Y ae
ANTHONY CHIAPELONE

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

ANTHONY CHIAPELONE, CASENGABE = 1 7 > 56 2 Q 4 ?
Plaintiff, COMPLAINT FOR PARTITION BY
SALE OF REAL PROPERTIES AND

vs, WASTE

STEVEN CHIAPELONE, and DOES 1
through 50, inclusive,

Defendants

COMES NOW PLAINTIFF ANTHONY CHIAPELONE AND ALLEGES AS
FOLLOWS:

1. Plaintiff ANTHONY CHIAPELONE (“Plaintiff”) is and, at all relevant times
herein was, a resident of the State of California and the County of Alameda.

2. Plaintiff is informed and believes and thereon alleges that defendant STEVEN
CHIAPELONE is, and at all relevant times herein was, a resident of the City and County of San
Francisco, California, and the co-owner of the real property which is the subject of this action and
described herein below.

3. Plaintiff owns an undivided 95.17% interest and Defendant owns an undivided
4.83% interest in the real property situated in the City and County of San Francisco, State of
California, more commonly known as 1650 32nd Avenue, 94122 (APN Lot 2E Block 1912) and

more particularly described in Exhibit A, attached hereto and incorporated herein by this

1
COMPLAINT FOR PARTITION AND WASTELAW OFFICES

PETERSON MARTIN REYNOLDS Lup
299 THIRD STREET, SUITE 200, OAKLAND, CALIFORNIA 94607

415-399-2900 FAX 415-399-2930

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reference (hereinafter the “Property”).

4, Those defendants designated by Plaintiff as “all persons unknown, claiming any
legal or equitable rights, title, estate, lien or interest in the property described in the complaint
adverse to plaintiff's title, or to any cloud on plaintiff's title thereto” (hereinafter the “Unknown
Defendants”) claim rights, titles, estates, liens, or interests in the Property adverse to Plaintiff's
title, and their claims constitute a cloud on Plaintiff's title

5. Plaintiff is ignorant of the true names and capacities of those defendants named as
DOES | through 50, inclusive, and therefore sues said defendants by such fictitious names.
Plaintiff is informed and believes and thereon alleges that said defendants either claim an interest
in the Property or are otherwise responsible for the acts and occurrences hereinafter alleged and
are liable to Plaintiff or otherwise subject to the jurisdiction of the orders of this court as
hereinafter set forth. Plaintiff will amend this Complaint to allege the true names and capacities
of said defendants, and, if applicable, their interest in the Property upon the same being
ascertained.

6. Plaintiff is informed and believes and thereon alleges that in doing any of the acts
hereinafter described, each defendant acted as the agent, employee, or servant or each of the other
defendants and committed such acts within the context of said agency, employment, or service.

7 Prior to the commencement of this action, Plaintiff arranged to procure a title
report at the cost of $500.00 which sum is the reasonable expense thereof. The report will be kept
available for inspection, copying, and use by the parties at the office of Plaintiff's attorney set}
forth at the beginning of this document.

FIRST CAUSE OF ACTION — FOR PARTITION BY SALE

(Against Defendant and all persons unknown, claiming any legal or equitable rights, title, estate,
lien or interest in the Property described in the complaint adverse to Plaintiff's title, or to any
cloud on Plaintiff’s title thereto and DOES 1-40)

8. Plaintiff realleges and incorporates each of the allegations set forth in paragraphs
1-7 above as though fully set forth herein.
9. Plaintiff requests partition of the Property by sale. Partition of the Property by sale

is more equitable than partition of the Property in kind. Plaintiff is informed and believes and

2
COMPLAINT FOR PARTITION AND WASTELAW OFFICES.

PETERSON MARTIN REYNOLDS tip
299 THIRD STREET, SUITE 200, OAKLAND, CALIFORNIA 94607

415-399-2900 FAX 415-399-2930

thereon alleges that the cost and expense to partition the Property in kind outweighs the
advantages of completing such a division, division of the Property in kind would dramatically
decrease the value of the Property, and Plaintiff further alleges that division in kind would be
precluded by the Subdivision Map Act and local ordinances.

10. _ This action is brought and partition is sought herein for the common benefit of the
parties, to preserve and secure for each of them their respective interests and rights in the
Property, and Plaintiff has incurred and will incur costs of partition herein, including reasonable
attomey’s fees, for the common benefit of the parties hereto in an amount not yet ascertainable
and which will be made according to proof’.

11. Plaintiff has expended amounts necessary to maintain the Property, for the
installation of improvements on the Property, and for the payment of taxes and insurance for the
Property in an amount not yet fully ascertained. Plaintiff is unaware if Defendant STEVEN
CHIAPELONE claims to have expended any such monies and, if so, in what amounts.

12. The Property produces monthly rental income in an unknown amount. Defendant
STEVEN CHIAPELONE has had sole control over the rental income and the leasing of the
Property and has, and also at all time herein relevant has had, possession of the Property.

13. By this pleading, Plaintiff demands of Defendant STEVEN CHIAPELONE that he
account to Plaintiff for any and all sums expended and charged to or paid by Plaintiff and charged
to or paid by defendant, and all rents, income and profits received by Defendant STEVEN
CHIAPELONE or distributed to any person, and all other expenses and income of the Property.

14. In the event it is necessary in order to obtain a proper accounting between the
patties, or to sell the Properties pursuant to order of the court, appointment of a referee should be
ordered.

WHEREFORE, Plaintiff prays judgment as set forth below.

SECOND CAUSE OF ACTION - FOR WASTE
(Against Defendant Steven Chiapelone and DOES 41-50)

15. Plaintiff realleges and incorporates cach of the allegations set forth in paragraphs
1-14 above.

3
COMPLAINT FOR PARTITION AND WASTELAW OFFICES

PETERSON MARTIN REYNOLDS LLP
299 TINIRD STREET, SUITE 200, OAKLAND, CALIFORNIA 94607

415-399-2900 FAX 415-399-2930

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SESE ES

16. Defendant STEVEN CHIAPELONE has excluded Plaintiff from the possession,
control and profits from the Property.

17. Plaintiff is informed and believes, and thereon alleges, that the Property is ina
state of disrepair and that, particularly, the roof has deteriorated to the extent that water intrusion
has caused, and continues to cause, damage to the Property.

18. Plaintiff has requested that Defendant STEVEN CHIAPELONE allow access to
the Property to inspect for damage and allow qualified persons make necessary repairs. To date,
Defendant STEVEN CHIAPELONE has refused, and continues to refuse, Plaintiff access to the
Property.

19. Defendant STEVEN CHIAPELONE’s actions as alleged herein constitute waste.
Plaintiff is an aggrieved party by virtue of his ownership in the Property. Should Defendant
STEVEN CHIAPELONE’s actions continue unabated, the Property will continue to deteriorate
and lose value.

WHEREFORE, Plaintiff prays judgment as follows:

As to the First Cause of Action:

1. For partition by sale of the present interest in the Property according to the

respective rights of the parties hereto;

2. That the claims or interests of the defendants named in paragraph 8, either be
resolved, paid or confirmed as may be just and proper upon sale of the Property;

3. For the expenses reasonably incurred by Plaintiff in obtaining the title report for
the Property with interest thereon according to proof;

4. That the costs of partition and this action, including reasonable attorney’s fees:
expended by Plaintiff for the common benefit, fees and expenses of referees, and
other disbursements, be ordered paid by the parties respectively entitled to share in
the Property sold, in proportion to their respective interest therein and, more
particularly, that Plaintiff be reimbursed for sums advanced in this regard beyond
its just proportion thereof, and that the costs be included and specified in the

judgment and become a lien on the several shares of the parties;

4
COMPLAINT FOR PARTITION AND WASTELAW OFFICES

PETERSON MARTIN REYNOLDS itp
299 THIRD STREET. SUITE 200, OAKLAND, CALIFORNIA 94607

415-399-2900 FAX 415-399-2930

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For costs of partition, including attomey’s fees necessarily incurred by a party for
the common benefit in prosecuting or defending other actions or other proceedings|
for the protection, confirmation or perfection of title, setting the boundaries or
making a survey of the Property, with interest thereon according to proof;

For an accounting by defendant as to all rents, profits and monies obtained by him,
the expenses paid by him and the distributions made by him with Tespect to the|
Property;

For the appointment of a referee to secure an accounting by and between the
parties as to rents and profits derived by and expenses paid by the parties by reason|
of their ownership interests in the Property and/or to sell the Property and
distribute the proceeds pursuant to order of the court; and

For such other and further relief as the Court may deem proper.

As to the Second Cause of Action:

1.

For damages according to proof but in excess of the jurisdiction of this Court;

2. For treble damages pursuant to section 732 of the Code of Civil Procedure;
3. For a preliminary injunction prohibiting Defendant STEVEN CHIAPELONE from
excluding Plaintiff from the Property and to prevent further waste;
4, For attorneys’ fees and costs;
5. For such other and further relief as the Court may deem proper.
i
Dated: October LK. 52017, i
PETERSON ’ & oe LLP
LA
By__\ ff 7
P?KURT PETERSON
Attomeys for Plaintiff
ANTHONY CHIAPELONE

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COMPLAINT FOR PARTITION AND WASTEEXHIBIT A

EXHIBIT AEXHIBIT A

The real property referred to herein is situated in the City of San Francisco, State of California, County of
San Francisco, and is described as follows:

BEGINNING AT A POINT ON THE EASTERLY LINE OF 32ND AVENUE, DISTANT THEREON 300 FEET
SOUTHERLY FROM THE SOUTHERLY LINE OF LAWTON STREET; RUNNING THENCE SOUTHERLY ALONG
SAID LINE OF 32ND AVENUE 25 FEET; THENCE AT A RIGHT ANGLE EASTERLY 120 FEET; THENCE AT A

RIGHT ANGLE NORTHERLY 25 FEET; AND THENCE AT A RIGHT ANGLE WESTERLY 120 FEET TO THE
POINT OF BEGINNING.

BEING PART OF OUTSIDE LAND BLOCK NO. 834.Lo aA A :
SUM). UNS TTT

(CITACION JUDICIAL) (SOLO PARA USO DELACORTE)

NOTICE TO DEFENDANT:
{AVISO AL DEMANDADO):

STEVEN CHIAPELONE , Defs / treed go, Mnehets'ye

YOU ARE BEING SUED BY PLAINTIFF:

(LO ESTA DEMANDANDO EL DEMANDANTE):
ANTHONY CHIAPELONE

NOTIGE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.

You have 30 CALENDAR DAYS after this summons and fegal papers are served on you to file a written response at ths court and have a copy
Served on the plaintiff, A letter of phone call wi nol protect you. Your written cesponse must be in proper fegal form if you want ihe court to hear your
case, There may be a court form thal you can use for your response. You can find these coud forms and more information at the Califomia Courts
Online Self-Help Center (www.courtinfo.ca.gov/seifhelp), your county law tibsary. or the courthouse nearest you Mf you cannot pay the filing fee, ask
the court clerk for a fee waiver form. if you do not fite your response on tims, you may lose the case by defaull, and your wages, money, and property
may be taken without further warning from the court

There are other legal requirements. You may want to call an attomey right away. If you do not know an altomey, you may want lo call an atlorney
referal service. Ii you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program You can tocale
these nonprofit graups at the Califomia Legal Services Web sile (www. lawhelpcatifornia.org), the California Courts Online Self-Help Center
{iwww. courtinfo.ca.gavisolfhelp). or by contacting your focal court or county bar association. NOTE: The court has 2 sialutory lien for waived fees and
costs on any seltlement or arbitration award of $10,000 or mare in a civil case. The cour'’s lien must be paid before the court will dismiss the case.
TAVISOt Lo han demandado. Si no respond dantro de 30 dias, fa corte puede decidir en su contra sin escuchar su version. Lea ia informacion a
continuacién.

Tiene 30 DIAS DE CALENDARIO después de que te entraguen esta citacion y papoles iegalas para presenlar una respuesta por escrito en esta
corte y hacer quo se onirogue una copia al demandante. Una carta 0 una llamada telafénica no fo protegen. Su respuesta por escrito tiene que estar
‘@n formato legal correcto si desea que procesen su ¢aso en 1s corte, Es pasible que haya un formulario que usted pueda usar para Su respuesta
Puede encontrar estos formutarios de Ja corte y més informacién en et Centro de Ayuda de las Cortes de California {wrw sucorie ca.gov), ert la
biblioteca de feyes de su condado 0 en fa corte que fe quede mas cerca. Sino puede pagar fa cuola de preseniacién, pida al secrelario de fa corte
que 1o 06 un formutario de exencion de pago de cuolas. Sino presenta su respuesta a tiempo, puade perder at caso por incumplimiento y ta corte ta
podré quitar su sueldo, dinero y bienes sin mas advertericia,

Hay olros requisites legales, Es recomendable que llame a un abogado inmadialamente. Si no conoce @ un abogado, puede Hamar a un servicio de
remision @ abogados. Si no puede pagar a un abogado, es posible que cumpla Con los requisites pare obtener servicios fogates gratuilos d@ un
programa de servicios legales sin fines de lucro, Puede encontrar estos grupos sin fines do tucro an el sitio web de California Legal Services,

(wwwr lawhelpcalifomia.org), @n ef Cantro de Ayuda de ias Cortes de California, (www Sucorle.ca.gov) 0 poniénidose en contacto con ta corte o et
colegio de abogados iocales. AVISO: Por ley, la corte tiene derecha a rectemar las cuolas y 10s costos exentos por imponer utr gravamen sobre
cualquier recuperacién de $10,000 6 mas de valor recibida mediante un acuerdo o una cancesién de arbitraje en un caso de derecho civil. Tiene qua
pagar ef gravamen de Ja corie antes de que la corie pueda desechar el caso.

The name and address of the court is: fetiara-de? 0)
{El nombre y direccién de la corte es):

San Francisco County Superior Court CGC= 17-56 é g

400 McAllister Street

San Francisco, CA 94102-4515

The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attarney,
(El nombre, fa direccién y el numero de teléfono del abogado de! demandante, o del damandante que no tiene abogado, es):

. Kurt Peterson, SBN 067123/M. Henry Walker, SBN 184073 Peterson, Martin & Reynolds LLP
299 3rd Street, Suite 200 (415) 399-2900

Oakland, CA 94607

DATE: OCT 192077 fk

Loney 5 Clerk, by BOWMAN: EM , Deputy

(Fecha) i {Secretario) (Adjunto)
{For proof of service of this summons, use Proot of Service of Summons (orm POS-OTG),)
{Para prueba de entrega de esta citacién use el formutario Proof of Service of Sonmune 'POs-010).
belch NOTICE TO THE PERSON SERVED: You are served
1. as an individual defendant.
2. as the person sued under the fictitious name of (specify):
3. CQ on behalt of (specify):
under: CCP 416.10 (corporation) CCP 416.60 (minor)
CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) CGP 416.90 (authorized person)
other (specify):
4. (] by personal delivery on (date):
Page tof
Form Adogted Use SUMMONS Cove of Civt Procedure §§ 41220, 468
TRATES” Cop exsenua ve att eae
shee felEgrms: A Chiapelone‘SUM-200(A)

SHORT TITLE: “Tease NUMBER:
A Chiapelone v S Chiapelone

INSTRUCTIONS FOR USE
> This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons.
> If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: “Additional Parties
Attachment form is attached."

List additional parties (Check only one box. Use @ separate page for each type of party,):
C2 Plaintitt CQ] Defendant © (CJ Cross-Complainant [C}} Cross-Defendant
and DOES 1 through 50, inclusive.

Pursuant to Code of Civil Procedure section 801.6, this action involves
real property situated in the City and County of San Francisco, State
of California, and commonly known as 1650 32nd Avenue, San Francisco,
California 94122 (APN Lot 2E Block 1912), and more particularly
described in Exhibit A, attached hereto.

The purpose of this action is for partition of the property by sale of
the subject property and the claims and interests of certain of the
parties, as to the present interests in the subject real property, all
as alleged in the first cause of action of this action.

Page__.2. of ___2.

Page 1 of t

retical Counc ef Catloria ADDITIONAL PARTIES ATTACHMENT
onien —_ 4, 2007) Attachment to Summons Chiapelone

Shem jelFormsEXHIBIT “2”

EXHIBIT “2”"ATTORNEY OR PARTY WITHOUT ATTORNEY (Wome State Bar number and adoress)
|. P. KURT PETERSON | SBN: 067123

PETERSON MARTIN & REYNOLOS LLP

299 THIRD STREET. SUITE 200

OAKLAND,
TELEPHONE NO we $88.2030 | FAX NO, [ema sooréss (Opsonay
ATTORNEY FOR (Name) Pigment

FOR COURT USE ONLY

ELECTRONICALLY

FILED

Superior Court of Catifornia,

County of San Francisco

11/06/2017
Clerk of the Court
BY: EDWARD SANTOS

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO:
streetacoress 400 MCALLISTER STREET
‘MAILING ADORESS:

Deputy Clerk
ciry ano ze coos SAN FRANCISCO, CA 94102
paanch name UNLIMITED JURISDICTION
PLAINTIFFIPETITIONER: ANTHONY CHIAPELONE ASE NUMBER
DEFENDANTIRESPONDENT: STEVEN CHIAPELONE CGC-17-562017
PROOF OF SERVICE OF SUMMONS RNG FEN 364,004

(Separate proof of service is required for each party served.)
1. At the time of service | was at least 18 years of age and not a party to this action.
2. | served copies of:

[X] Summons

|_| Complaint

IX} Alternative Dispute Resolution (ADR) package

1X} Civil Case Cover Sheet

| _} Cross-complaint

other (specify documents): COMPLAINT FOR PARTITION AND WASTE

3. a Party served (specify name of party as shown on documents served):
STEVEN CHIAPELONE

roeange

b. Oo Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a personainder
item 8b on whom substituted service was made) (specify name and relationship lo the party named in item 3a):
4. Address where the party was served: 1650 32ND AVENUE
SAN FRANCISCO, CA 94122

5. | served the party (check proper box}
by personal service. | personally delivered the documents listed in item 2 to the parly or person authorized to
receive service of process for the party (1) on (date): 10/25/2017 — (2) at (time): 09:00 am

v. C1 by substituted service. On (dete): at (time): | left the documents listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3b):

¢1} 0) (business) a person at least 18 years of age apparently in charge al the office or usual place of business of the
person to be served, | informed him of her of the general nature of the papers.

2 0 {home) a competent member of the household {at teast 18 years of age) at the dwefling house or usual place of
abode of the party. | informed him or her of the general nature of the papers.

@ Oo (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. | informed him of
her of the general nature of the papers.

(4) 1 tthereafter maited (by first-class, postage prepaid) copies of the documents to the person to be served at the
place where the copies were left (Code Civ. Proc., §415.20). | mailed the documents on

(date): from (city): or [[] a declaration of mailing is attached.
45) (1) lattach a deciaration of diligence stating actions taken first to attempt personal service.

Page solz
Code of Cael Procedure, § 417.10
POS010-1/32041596

Form, fer Mandatory Use

BOS-010 (Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONSPETITIONER ANTHONY CHIAPELONE CASE NUMBER

CGC-17-562017
RESPONDENT STEVEN CHIAPELONE

cL) by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the patly, to the address
shown in item 4, by first-class mail, postage prepaid.

(1) on (date) (2) trom (city)

@ (7) with two copies of the Notice and Acknowledgment of Receipland a postage-paid return envelope addressed to
me. {Altach completed Notice and Acknovdedgement of Receipt.) (Code Civ. Proc., § 415.30.)

(4) 6 {o an address outside California with return receipt requested. (Code Civ, Proc.. § 415.40.)
a0 by other means (specify mearis of service and authonzing code section)

(2) Additional page descending service is attached,

6. The “Notice to the Person Served” (on the summons) was completed as follows:
a. (X] as an indwidual defendant
b as the person sued under the fictitous name of (specify):
CG @$ Occupant.
dC} on behalt of (specify)
under the following Code of Civil Procedure section
(©) 416.10 (corporation) (21 415.95 (business organization, form unknown)
E) 416.20 (defunct corporation) (1 416.60 (minor
C) 418.30 {joint stock companysassociation) [) 416 70 (ward or conservatee)
(1) 416.40 (association or partnership) (2 416 90 (authonzed person)
(C) 416.50 (public entity) (1). 415.46 (occupant;
© other
7, Person who served papers:
a. Name. ANDY ESQUER C/O ASAP Legal, LLC “
b. Address 1607 James M. Wood Bivd. Los Angeles, CA 90015 ASP phe,
c Telephone number (213) 252-2000
d, The fee lor service was
e. lam ALIORHEY SERS
(1) not a registered Califonia process server
(2) |} exempt from registration under Business and Professions Code section 22350(b).
(3) [X} registered California process server
ti) L] owner J employee {(X]_ independent contractor.
(ii) Registration No, 1009
Gi) County: SAN FRANCISCO
8, [X] I dectare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
or
9. 1am a California sheriff or marshal and | certify that the foregoing is tue and correct.
Date: 11/01/2017
ASAP Legal, LLC
4607 James M, Wood Bivd.
Los Angeles, CA 90015
(213) 252-2000
www. legalsolutionasap.com
ANDY ESQUER b
THEE GF BT AGON MID GERVEN PAPEARSUEREP OA MARSHAL pont
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Rosin tney sansary }. 220 PROOF OF SERVICE OF SUMMONS pare 203

POS-010/32041596EXHIBIT “3”

EXHIBIT “3”Civ-100

ATTORNEY OR PARTY WATHOUT ATTORNEY (tame, Stats Bar number, end eciaress)

FOR COURT USE ONLY
f—P. Kurt Peterson 067123
Peterson, Martin & Reynolds LLP
299 3rd Street, Suite 200 DEFAULT ENTERED
Oakland, CA 94607 AS REQUESTED

rerepwoneno. (415) 399-2900 Faxwosopsoney (415) 399-2930

E-MAIL ADORESS (Optony. kpeterson@pmrlegal.com

ATTORNEY FOR (Name?

‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
streeracoress 400 McAllister Street

ELECTRONICALLY

i
wauncaporess Civil Filings, Room 103 FILE D
arvayozpooor San Francisco, CA 94102-4515 sCouiey organ ptanciace
srancnnaue Civic Center Courthouse
PLAINTIFFIPETITIONER: Anthony Chiapelone 12/06/2017

Clerk of the Court
BY:MELANIA DE LUNA

DEFENDANTRESPONDENT: Steven Chiapelone Deputy Clerk

| REQUEST FOR Entry of Default CJ Cierk’s Judgment CASE NUMBER
(Application) (2) Court Judgment CGC-17-562017

1. TO THE CLERK: On the complaint or cross-complaint fled
a. on(date)) Complaint filed on 10/19/2017
b. by (name}: Anthony Chiapelone
c, (2) Enter default of defendant (names) Steven Chiapelone

d. E) i request a court judgment under Code of Civil Procedure sections $85(b). 585(c), 989, etc., against defendant (names):

(Testimony required Apply to the clerk for a hearing date, unless the court will enter 8 judgment on en affidavit under Code
Civ, Proc, § 585{d).)
©. (2) Enter clerk's judgment
(1) C2) for restitution of the premises only and issue a wril of execution on the judgment. Code of Civil Procedure section
1174(c) does not apply. (Code Civ. Proc., § 1169.)
() Incluge in the judgment all tanants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section

415.48.
(2) (Cy under Code of Civil Procedure section 585(a), (Complete the dactaration under Code Civ. Proc., § 585.5 on the
reverse {item 5).)
(3) CC for default previously entered on (date):
2. Judgment to be entered. Amount Gredits acknowledaed Balance
a, Demand of complaint... o $ $ $ 0
b. Statement of damages *
(1) Special $ $ $ 0
(2) General $ $ $ 0
© Wnterest oe eee cesta ee $ $ $ 9
G. Costs (see reverse) $ Gs $ Q
©. Attorney fees . $ $ $ 0
f, TOTALS ..... £ Oo & £ Oo
g. Dally damages were demanded in complaint at the rate of $ inning (date).

(* Personat injury or wrongiul death actions, Code Civ, Proc., § 425.11.)

3. (2) (Check if filed in an untawtut datainer case) Legat document assistanf or ngr assistant information is on

the reverse (complete item 4).
Date; December 5, 2017
P._kurt Peterson >
(TYPE OR PRINT MAME) v (SIGNATURE OF PLAINTIEF OR ATTORNEY FOR PLAMTIEF)

(1) (J Default entered as requested on (date):
FOR COURT (2) CL} Default NOT entered as requested (state reason):

IRE ony Clerk, by Deputy
Page 40f2
Feng napa ans REQUEST FOR ENTRY OF DEFAULT Gas Pees.
MIEN acon se) CER Exgontiat (Application to Enter Dofault) owe om
bam j* Fone

ChiapeloneClV-100

PLAINTIFF(PETITIONER: Anthony Chiapelone CASE NUMBER

DEFENDANTRESPONDENT: Steven Chiapelone CGC-17-562017

4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq,). A legat document assistant
or unlawfut detainer assistant [3 did [XQ didnot for compensation give advice or assistance with this form.
(if daclarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state)
a. Assistant's name ¢. Telephone no.
b. Street address, city, and zip code: d. County of registration:
@. Registration no.:
t Expires on (date):

5 @ Declaration under Code of Civil Procedure Section 685.5 (required for entry of default under Code Civ. Proc., § 585(a))
This action
a C)is QB isnot onacontract or instaliment sale for goods or services subject to Civ. Code, § 1804 at seq, (Unruh Act)
b CQ is (QQ isnot ona conditional sales contract subject to Civ, Code, § 2061 et seq (Rees-Levering Motor Vehicle Sales
and Finance Act).
¢ CQ is () isnot on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 385(b).
6. Declaration of mailing (Code Civ. Proc., § 687). A copy of this Request for Entry of Default was
a (2) not matted to the following defendants, whose addresses are unknown to plaintiff or plaintiffs attorney (names):

b. [X2 mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attomey of record or, if none, to
each defendant's last known address as follows:

(1) Mailed on (date). 12/5/2017 — (2) To(specify names and addresses shown on the envelopes):
Steven Chiapelone, 1650 32nd Avenue, San Francisco, CA 94122

| declare under penalty of perjury under the taws of the State of California that the foregoing items 4, 5, and 6 are true and correct.
Date: December 5, 2017 ee =< a

i
Meryle Mishkin=Tank MZ

(TYPE OF PRINT NAMED

7 Memorandum of costs (required if money judgment requested). Costs ad e'sbursements are as follows (Code Civ. Prac.,

§ 1033.5)

@ Clerk's filing fees...

b Process server's fees.

c. Other (specify)...

@. TOTAL | 5. a fos

4 (2) Costs end disbursements are waived

g. lam the attorney, agent, or party who claims these costs. To the dest of my knowedge and belief this memorandum of costs is

correct and these costs were necessarily incurred in this case.

I declare under penalty of pequry under the !aws of the State of California that the foregoing is true and correct.
Date:

CYPEOR PRINT NAME {SIGNATURE OF DECLARANT)

8. () Decteration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the
military service so a8 to be entitled to the benefits of the Servicamembers Civil Relief Act (50 U.S.C. App. § 501 et saq,).

| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct,
Date:

(TYPE OF PRINT NAME) (SIGNATURE OF DECLARANT)
‘CIV-400 Rev. January +. 2007) REQUEST FOR ENTRY OF DEFAULT Page aot 2

agp farm {Application to Enter Default) ChiapeloneEXHIBIT “4”

EXHIBIT “4”peconoina naauesreo a
THCOR TLTLE INSURNAGE CO aCLEGBOWOE 658
LOT 26 BEd aldonpeo wan. ro
r amine SAN FRANCISCO
MR. & MRS. LEO A. CHIAPELONE, SR. 7 ee
ie ae Aa RAMEN, SR. RECORDERS OFFICE
Suen CHTAPELONE.
Aoarest BOC— Esz295a2
ye, 1652 32D AE ae TICOR Title Coupany
ee FRANCISCO, CA. 94! 4 pewesdes, eunast 17) 1988 88108:69an
ec 89 ~~ Ps fag
TAC TAR BATE TO fic 1.88 --- Tex 1588,
c 7 Ant 1555.08 —— a8 86
» eae TOTAL => $1595.00
: aug SAME AS ABOVE
i
‘Be 4 1
SPACE ABOVE THIS LINE FOR RECORDER'S USE a
CAT. NO. nNO08E2: +
+ Sean ee

fact

‘The undersigned grantor(s) declare(s):
‘Documentary twansfer tax is $ -
E] Coo) compuced on ful valve OU prover conveyed,

() computed on full value less value of liens and encumbrances remaining at time of sale,
( ) Unincorporated ares: (scCity of __ san eRavicisca yand

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

MARGARET A, RYAN, A SINGLE WOMAN

hereby GRANT(S) to LEO A, CHIAPELONE, SR. AND SARAH M, CHIAPELONE, HUSBAND AND WIFE, AS
YOINT TENANTS, AS TO AN UNDIVIDED 79.04% INTEREST; ANTHONY LEO CHIAPELONE, AN UNMARRIED.

MAN, AS TO AN UNOIVIOED 16.13% INTEREST AND STEVEN JOHN CHIAPELONE, AN UNMARRIED MAN, AS*

the following detcribed real property in the CITY AND
County of © SEN FRANCISCO , State of California:

BEGINNING AT A POINT ON THE EASTERLY LINE OF THIRTY~SECOND AVENUE, DISTANT THEREON
300 FEET SOUTHERLY FROM THE SOUTHERLY LINE OF LAWTON STREET! RUNNING THENCE
SOUTHERLY ALONG SAID LINE OF THIRTY-SECOND AVENUE 25 FEET; THENCE AT A RIGHT ANGLE
EASTERLY 320 FEET) THENCE AT A RIGHT ANGLE NORTHERLY 25 FEET; THENCE AT A RIGHT

ANGLE WESTERLY 120 FEET TO THE POINT OF BEGINNING.
BEING A PORTION OF OUTSIDE LAND BLOCK NO. 834.

*TO AN UNDIVIDED 4.83% INTEREST, ALL AS TENANTS IN COMMON.

Dated: AUGUST 12, 2988,

STATE OF CALIFORNIA

COUNTY OF hss.
on AUGUST 12, 1988 before
ime, the ‘undersigned, 2 Notary Bublle Tn and for sald State,
penonuly appeared MARGARET A. "RYAN

raonelly known to me or proved to moon the basis of rar
factory evidence co be che person _.
subscribed co the within instrument and acknowledged
‘dhat_SHE__ executed che same.
WETHBSS may hand and officiel seal,

{hls ates (or offiedsl notartel seal)

Tithe Order No trenatntnetnnanancaee Eserow or Loan No,

MAIL TAX STATEMENTS AS DIRECTED ABOVECERTIFIED COPY

This is @ true certified copy of the record
if it bears the seal, imprinted in purple ink
of the Assessor-Reardat

FER 06 208 CARMEACHL*

ASSESSOR - RECORDER

SAN FRANCISCD COUNTY CALIFORN'A
BY.
taiEXHIBIT “5”

EXHIBIT “5”. ASSESSOR'S PARCEL NUMBER: Lot 26, Blook 1012 + amc esvoweon use oF nsoORDER ct

RECORDING REQUESTED BY
Marto G. Paolini, Je. Nee Lea LN
AND WHEN RECORDED MAIL TO: lilt ee
Mato. Pot RL BLN eiae2-00
Sen Francisco, CA 94112 : chest ae a ‘aay 2m
14.08
MAIL TAX STATEMENTS TO: iL We kas 8 THAGE. 6408,
Leo A. Chiapeione
1531 24" Avenue
San Franclaco, CA 84122

AFFIDAVIT - DEATH OF JOINT TENANT

LEO A. CHIAPELONE, SR. being of legal age and duly sworn deposes end states that:

‘The decedent, SARAH M, CHIAPELONE, mentioned in the attached certified copy of the Certificate of Death
{s the same SARAH M. CHIAPELONE named as one of the parties In the GRANT DEED dated March 18,
2002, executed by LEO A. CHIAPELONE, SR. and SARAH M. CHIAPELONE, husband and wife, as joint
tenants, end ANTHONY LEO CHIAPELONE, an unmarried man, to LEO A. CHIAPELONE, SR. and SARAH
M.CHIAPELONE, husband end wife, #8 joint tenants, 88 to en undivided 64.52% interest, end ANTHONY
LEO CHIAPELONE, a married man, as to an undivided 30.65% interest, recorded as Instrument No. 2002-
H131586-00 on March 21, 2002 at Rea! 1099, Image 0207, of Official Records of San Francisco County,
California covering the following descrived real property in the City and County of San Francisco, State of
California:

See Exhibit “A” to this Affidavit attached hereto and made a part
(Presenty commonly known as 1650 32” Avenue, San Francisco, SA (Loe e Block 1912))

: one Jeet

COUNTY OF SAN FRANCISCO

comruarmceet LS soy 8 SPT 3011 by LOA. CHIAPELONE, SR.,
provad to me on the baals of astisfectory evidence to be the person
WITNESS my hand and official seal.

Signature

AFFIDAVIT - DEATH OF JOINT TENANTExhibit "A"

Beginning at @ point on the easterly line of Thirty-Second
Avenue, distant thereon 300 feet southerly from the southerly
line of Lawton Street; running thence southerly along said line
of Thirty-Second Avenue 26 fest; thence at @ right angle
easterly 120 feet; thence at a right angle northerly 26 feet;

thence at a right angle westerly 120 feet to the point of «

beginning.
Being a portion of Cutakde Land Block No. 834.
Lot 2E Block 1912

(Presently commonly known as 1650 32% Avenue, San
Francisco, California)cones

STFEO* causroraun, cry AND COUNTY GF ew FRANCO

Simin nremmcen conan Oras

_—_. WL 96 W044 3+ Sattdeet al teCERTIFIED COPY

This is a true certified copy of the record
if it bears the seal, imprinted in purple ink
of the Assessor-Reorder

“as 3,
eS FER 96 2019 canon cum

ASSESSOR - RECORDER

SAN FRAN IUNTY CALIFORNIA
BY,
7 ester LahEXHIBIT “6”

EXHIBIT “6”Meno. Pool Jen HANNA OAL

4 Sen Francisco ResessorcRecerder

_ = Pu di G1 1-3308250-00

Menoy are. : — Cnt ay 28, c aeil 24:18:48

Sen Prancaco, CA 94112 ie Nem” ga ina 1

: 331 IM 2408,

: orc a TS Ln FOR RERERTUE A
MAIL TAX STATEMENT TO:

Leo A. Chiapelona, Trustee DOCUMENTARY TRANGFER TAX S$ NONE
1831 24" Avenue sn Qomnpattad on the considemlion or value of property coeveyed: OR
San Francisco, CA 94122 z-_Compitnt 6 tn conakdat font volar lua bans 0 eserves

rensining #t ime of sale, TRANSFER TO A TRUST.
eee a
Tinatire of Ne Agent delarmiing Wx. Pine Nasne
‘GRANT DEED
FOR NO CONSIDERATION

LEO A. CHIAPELONE, SR.

hereby GRANT(S) to LEO A. CHIAPELONE, Trustee of tha Chiapsiane Surviving Spouse's Trust, crested
by Declaration of Trust originally dated November @, 2005, ae amended and resisted

an undivided 64.52% interest in the real property Inthe City and County of San Francisco, State of Calfomie,
described as.

LEGAL DESCRIPTION SET FORTH ON EXHIBIT °A" ATTACHED HERETO AND MADE A PART HEREOF
. (Presently commonty known es 1650 32™ Avenue, San Francieco, CA (Let 2E, Block 1812)

Dated 2011
State of California
County of San Francisco

——~

on__Awv. td, Zul before me,

who proved to me on the basia of eatiefeciory evidence to be the person{s) whoes
nemeje) le subscribed to the within Instrument and acknowledged to ma thet he
executed the seme in his suthorined capacity(ies}, and thal by his signeture(s) on the
instrument the person(s) or the entity upon benail of which the pernon(e) acted,
executed the instrument.

(certify under PENALTY OF PERJURY under the laws of the State of Caltfomia that
the foregoing paragraph fe tus and correct.

WITNESS my hand end official seal,

Siqneture 2 : {Tota area tor eftesst eter sant)
MAIL TAX STATEMENTS AS DIRECTED ABOVEExhibit A

Beginning at a point on the easterly ine of Thirty-Second Avenue, distant
thereon 300 feet southerly from the southerly fine of Lawton Street; running
thence southerly aldng said line of Thirty-Second Avenue 25 feet; thence al
aright angle easterly 120 feet; thence at a right angle northerly 25 feet; thence
ata right angle westerly 120 feet to the point of beginning.

Being 8 portion of Outside Land Block No. 634.
Lot 2E Block 1912
(Presently commonly known as 1850 32” Avenue, San Francisco, Califomia)CERTIFIED COPY ie

This is a true certified copy of the record
if it bears the seal, imprinted in purple ink
of the Assassor-Rearder

FEB 06 2018) caanen ou

ASSESSOR - RECORDER
SAN FRANCISCO COUNTY CALIFORNIA

BY.
Kereine LalEXHIBIT “7”

EXHIBIT “7”CERTIFIED burs

me ACOD A. PEACOCE, ber GAARA
Sen Leone, CA 94577 Boe beta Kso40s2-00
Mednecdey ; 08 11) 2017 12:28:47
AND WHEN RECORDED MAIL To: Te Pd 27.08 Rept 1 ORE
1355 Wayne Avenue =
San Leandro, CA 94577 wel Soa ee]

Affidavit of Death of Trustor / Trustee

1650 32nd Avenue, San Francisco, Califomia
Lot 2E Block 1912

+ [State of CALIFORNIA, County of ALAMEDA:
ANTHONY CHIAPELONE, of legal age, being duly swom, says:

LEO A. CHIAPELONE and SARAH ROSARIA CHIAPELONE, as Trustors, by a Declaration of Trust,
created THE LEO & SARAH CHIAPELONE FAMILY TRUST, dated November 8, 2005 (the “Trust™).
Upon the death of Sarah Rosario Chiapelone, the CHIAPELONE EXEMPTION TRUST, UDT dated
11/8/2005 (the “Exemption Trust”) and the CHIAPELONE SURVIVING SPOUSE’S TRUST, UDT
dated 11/8/2005 (the “Survivor's Trust”) were created per the terma of the Trust.

On November 18, 2011, LEO A. CHIAPELONE, SR. executed a Grant Deed, recorded November 29,
2011, Document No. 2011-3308250-00 REEL K531 IMAGE 0409, in Official Records in the office of
the San Francisco County Recorder, granting to LEO A. CHIAPELONE, Trustee of the Chiapelone
Surviving Spouse's Trust, created by Declaration of Trust originally dated November 8, 2005, as
amended and restated, an undivided 64.52% interest in the hereinafter described real property;

On September 25, 2015, LEO A. CHIAPELONE (a.k.a. Leo Anthony Chispelone, Sr.), the same person
as the decedent mentioned in the certified copy of Certificate of Death, attached hereto, died;

Page 1 of 2Oy

CERTIFIED COPY

The Survivor's Trust provides that ANTHONY CHIPAELONE thereupon became the Trustes of the

Survivor's Trust, and having accepted the office of Trustee, is now qualified and acting as Trustec of the
Survivor's Trust; *

The property hereinabove mentioned situated in the City and County of San Francisco, State of
California, commonly known as 1650 32nd Avenue, San Francisco, California, is described 23 follows:

Legal description set forth on Exhibit “A” attached hereto and made part hereof
Lot 2E Block 1912

vans MN

Page 2 of 2easterly 120 feat: thence at northerly 26 fest thenos
eight angio waelely 120 eto the p ct begiaing. i

Being a portion of Quiside Land Biock No.
Lot 2E Slook 1812
(Presently commonly known as 1650 32“ Avenue, San Francieco, Califormia)

8CERTIFIED COPY

proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me.

(Seal) Signfture. >© SEPTIC GHOCK WITH MULT! ORGAN FALURS.

SPROTELS SEPEIS LEGOIOWN SOURCE
a

0000734 erence meee

See eo “CO00T3440°.
: Stare TParing

ieee nes proper wenn tr pg tt a oh geCERTIFIED coPY

This is a true certified copy of the record
if it bears the seal, imprinted in purple ink
of the Assessor-Reorder

FEB 06 2018 carmen con

ASSESSOR - RECORDER

GAN ERANCISCO.COUNTY CALIFORNIA
BY..
talEXHIBIT “8”

EXHIBIT “8”‘
RECORDING REQUESTED BY : wt
Jacob A. Peacock, Esq.
The Peacock Law LLP Careth Cu
291 Joaquin ee boc- jie og
San Leandro, CA 94577 | Maine sa M zei? 12:20:82
AND WHEN RECORDED MAIL TO ! on obr/AB/i-3
Anthony
1355 Wayne Avenue t 7
San Leandro, CA 94577 Tae
Space above line for Recorder's Use
APN: Lot 2E Block 1912 NO TAX DUE.

TRUST TRANSFER DEED

‘The undersigned) Grantor decteres under the penilty of perjury that the following ia ts
and correct:

Documentary transfer tax is NONE. Not pursuant to a sale. No consideration. A transfer
out of a revocable trust to a Beneficiary. Rev. & Tax Code Section 11930

_____. Unincorporated area _X_ City of San Francisco

This is a transfer from a revocable trust between a parent and a child excludable from
reassessment under Rev. & Tax Code Section 63.1.

FOR NO CONSIDERATION, GRANTOR Anthony Chiapelone, as Successor Trustee
of the Chiapelone Surviving Spouse's Trust, dated November 8, 2005 hereby GRANTS TO
Anthony Chiapelone, a married man, as his sole and separate property, an undivided 64.52%
interest in that real property situated in the City and County of San Francisco, State of Califomia,
described as follows:

Legal descziption set forth on Exhibit “A” attached hereto and made part hereof
Commonly known as 165032 Avenue, San Francisco, CA (Lot 2E Block 1912)

Chiapelone Surviving Spouse’s Trust

Dated: _ December 19, 2016

Mail Tax Statements To Anthony Chiapetone 1355 Wayne Avenue San Leandro, CA 94577ACKNOWLEDGMENT

individu who stgnd the done, to witch is conics elched and
truthfulness, accuracy, or validity of that document
State of California )
County of Alameda }

On December 19, 2016, before me, Shirley D Smith, notary public, personally appeared
Anthony Chiapelone, who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is subscribed to the within mstrument and acknowledged to me that he executed
the same in his authorized capacity(ies) and that by his signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

jignature) (Seal)
My commission expireson:  ~/o-a0¢8

Mail Tax Statements To: Anthony Chiapelone 1355 Wayne Avenue ‘San Leandro, CA 94577This is a true certified copy of the fecord

if it bears the Seal, imprinted in Purple ink
Of th SSESSOr-Reardar

FEB 08 2993 canven crm

ASSESSOR - RECORDER
SAN FRANCISCO COUNTY CALIFORNIA
ay,

‘etetine Lal

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49 STEVENSON STREET T!

ANTHONY CHIAPELONE V. STEVEN CHIAPELONE
ALAMEDA COUNTY SUPERIOR CourRT CASE NO. CGC-17-562017

PROOF OF SERVICE VIA MAIL

1, MERYLE MISHKIN-TANK, declare under penalty of perjury that the following facts
are true and correct:

lam a citizen of the United States, over the age of eighteen years, and am not a party to or
interested in the within entitled cause. I am an employee of PETERSON MARTIN &
REYNOLDS, LLP, and my business address is 299 Third Street, Suite 200, Oakland, California
94607.

On May 30, 2018, I served the following document(s) described as:
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF ANTHONY
CHIAPELONE'S APPLICATION FOR INTERLOCUTORY JUDGMENT FOR
PARTITION [CCP 872.720(A)]

on the following parties in this action by placing a true copy(ies) thereof enclosed in a sealed
envelope addressed as follows:

Steven Chiapelone
1650 32nd Avenue
San Francisco, CA 94122

lam “readily familiar” with this office's practice for collecting and depositing mail, and
that all correspondence and/or pleadings are deposited in the mail on the same day, and that the
document(s) served were placed for deposit in accordance with this office's practice, in a sealed
envelope with postage thereon fully prepaid, to be placed in the United States mail at Oakland,
California. Executed on May 30, 2018, at Oakland, California. a

- a Oy
a A Pe
: io

PROOF OF SERVICE 1